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[–] 2 points 6 days ago

The only way to counteract it now is to take it to the Supremes (which isn't likely)

Technically, there is an alternative option to request "super" en banc with all 29 judges. But the 9th circuit has never once granted super en banc in the entire history of super en banc.

This case got really unlucky with the 11 judge panel lottery: 5 Trump appointees out of 11 plus one judge from the original 3-judge panel.

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